§ 436.356 R.S.Mo states that in every action against a contractor arising from construction or substantial remodel of a residence, a claimant shall serve the contractor with a written notice of claim of construction defects.  The notice of claim shall state that the claimant asserts a construction defect claim against the contractor and shall describe the general nature of the defect.  Within fourteen days after service of the notice of claim, the contractor shall serve a written response on the claimant which shall:

• propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified time frame.  The proposal shall include the statement that the contractor shall offer to remedy the defect within a specified time frame, compromise by payment, or dispute the claim based on the inspection; or
• offer to remedy the claim without an inspection within a specified time frame; or
• offer to remedy part of the claim without inspection and compromise and settle the remainder of the claim by monetary payment within a specified time frame; or
• offer to compromise and settle all of a claim without inspection; or
• state that the contractor disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

If the contractor disputes the claim or does not respond to the claimant’s notice of claim within the time, the claimant may bring an action against the contractor for the defect without further notice.  If the claimant rejects the inspection proposal or the settlement offer made by the contractor, the claimant shall serve written notice of the claimant’s rejection on the contractor.  After service of the rejection, the claimant and contractor may attempt to resolve the claim through mediation.  If the claim is not resolved through mediation, the claimant may bring an action against the contractor for the construction defect claim without further notice.  If the contractor has not received from the claimant within thirty days after the claimant’s receipt of the contractor’s response either an acceptance or rejection of the inspection proposal or settlement offer, the contractor may terminate the proposal or offer by serving written notice to the claimant.

Thereafter, the claimant may bring an action against the contractor for the defect without further notice.  If the claimant elects to accept the offer of the contractor to remedy the claim without an inspection, or if the claimant elects to accept the offer of the contractor to remedy part of the claim without inspection and compromise and settle the remainder of the claim by monetary payment, the claimant shall provide the contractor and its contractors reasonable access to the claimant’s residence during normal working hours to perform and complete the construction.  If the dispute is not resolved by mediation, the claimant may bring an action against the contractor for the defect described in the notice of claim.  If the claimant elects to allow the contractor to inspect in accordance with the contractor’s proposal, within fourteen days after the date of the claimant’s election to allow an inspection is communicated to the contractor, such inspection shall occur within fourteen days from the date of the communication.  The claimant shall provide the contractor and its subcontractors reasonable access to the claimant’s residence during normal working hours.

Within fourteen days following completion of the inspection, the contractor shall serve a report of the scope of the inspection and the findings and results of the inspection on the claimant, and either:

• a written offer to remedy all of the claim at no cost to the claimant, including a description of the construction or work necessary to remedy the defect described in the claim, and a timetable for the completion of such construction or work; or
• a written offer to remedy part of the claim, and compromise and settle the remainder of the claim by monetary payment, within a specified time frame; or
• a written offer to compromise and settle all of the claim by monetary payment; or
• a written statement that the contractor will not proceed further to remedy the defect.

If the contractor does not proceed further to remedy the construction defect within the stated timetable, or if the contractor fails to comply with the statutory provisions, the claimant may bring an action against the contractor for the defect without further notice.  If the claimant rejects the offer made by the contractor to either remedy the construction defect or remedy part of the claim and make a monetary settlement as to the remainder of the claim or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant’s rejection and the reasons for the rejection on the contractor.  If the dispute is not resolved through mediation, the claimant may bring an action against the contractor for the defect.  If the contractor has not received from the claimant within thirty days after the claimant’s receipt of the contractor’s response either an acceptance or rejection of the offer, the contractor may terminate the offer by serving written notice to the claimant.  Thereafter, the claimant may bring an action against the contractor for the claim without further notice.

Any claimant accepting the offer of a contractor to remedy all or part of the construction defect shall serve the contractor with a written notice of acceptance within a reasonable time period after receipt of the offer, and no later than thirty days after receipt of the offer.  The claimant shall provide the contractor and its subcontractors reasonable access to the claimant’s residence during normal working hours to perform and complete the construction or work.  If the dispute is not resolved by mediation, the claimant may bring an action against the contractor for the defect described in the notice of claim.

In the event that immediate action must be taken by a claimant to prevent imminent injury to persons because of alleged construction defects, the homeowner or another person designated by the homeowner including the contractor may undertake reasonable repairs necessary to mitigate the emergency situation.  Thereafter, the claimants may include the cost of such repairs in the written notice of claim of construction defects.